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Terms of Use

Effective as of January 1, 2019 (Revised 10/29/2019)

 

These Art of Preneur Terms of Use apply when you access, use or visit the Art of Preneur website located at www.artofpreneur.com (the “Site”), and the services provided through the Site (the Site and these services constituting the “Service”).  The Service is provided to you by Mignon Media International, LLC, d/b/a Art of Preneur (referred to in these Terms of Use as “Art of Preneur” “we,” “us” and “our”). You must agree to these Terms of Use in order to use the Service.  If you do not agree with these Terms of Use at any time, please cease use of the Service.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 11 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 11(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Updates to these Terms of Use

We may modify these Terms of Use from time to time. We will notify you of material changes to these Terms of Use by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Use take effect.  If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Use.

Privacy Policy

In connection with your use of the Service, please review our Privacy Policy, located at www.artofpreneur.com/privacy-policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

Affirmative Representations Regarding Your Use of the Service

When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service does not violate any applicable laws or regulations; (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use.

User Registration and Accounts

You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to sign up for or receive emails through the Service, unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process on the Site. If you sign up to become a registered user of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Prohibited Activities

You agree that in connection with your use of the Service, you will not:

(i) use the Art of Preneur name, logo, trademark or branding in a way that confuses people about your affiliation or relationship with Art of Preneur;

(ii) use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;

(iii) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

(iv) impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

(v) use the Service for purposes of advertisements or solicitations for jobs or employment, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;

(vi) use the Service in connection with any franchise, pyramid scheme, “club membership,” distributor ship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;

(vii) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or

(viii) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 6) or enforce limitations on use of the Service or the Materials on the Service.

Galleria and Community Guidelines

(i) All members are required to upload a profile image. The image is to be a headshot of the entrepreneur, and not of the entrepreneur’s logo or word mark.

(ii) All members are required to respond appropriately to each category listed on the registration form that is marked as ‘required’. Not doing so will limit the member’s permissible activity throughout Art of Preneur including (but not limited to) restricted content, messaging and other forms of community engagement. In addition, the member’s profile may be deactivated, suspended or closed until the required information is added or updated. Art of Preneur reserves the right to deactivate, suspend or close any member account without notification.

(iii) Upon registration, new members will automatically be opted into Art of Preneur Journal, our e-newsletter. After receiving their first e-newsletter, members can unsubscribe from the newsletter if they choose to do so.

Verified Account Guidelines

(i) For an account to be considered to be marked with a blue check mark, signifying verified account, they must meet all the requirements of the Galleria community including a complete registration profile. However, having a completed profile does not automatically make an account qualified for verification. Verified accounts are done at the discretion of Art of Preneur Agents.

Social Media Guidelines

If you access or use any of the Art of Preneur social media pages on Facebook, Pinterest, Twitter, Instagram or YouTube, or post any reviews or comments regarding your use of the Service on these social media services or other third party websites, we ask you to follow the following guidelines:

(i) Please be polite and courteous. Excessive name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, are not acceptable.

(ii) All postings should come from a real person. We will delete any postings from our social media pages that we believe have come from fake or anonymous profiles.

(iii) Please verify that all information submitted is accurate and factual.  Negative comments and complaints posted by you could be construed as claims about Art of Preneur or an individual and may be subject to libel laws and other legal claims.

(iv) We would like to hear about your complaints or concerns regarding the Service before you share them publicly with others so that we can help resolve them for you. If you are a user and have a customer service comment, complaint, concern or idea, please email us at hello@artofpreneur.com.

Our Intellectual Property Rights

All of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

Our Right to Manage the Service & User Misconduct

We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (iii) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (iv) screen our users, or attempt to verify the statements of our users and/or (v) monitor disputes between you and other users or to terminate or block you and other users from using the Service. We also reserve the right to remove any imagery that we believe violates copyright or trademarks; does not meet our community standards and that is inappropriate.

Interactions with other Users

Please choose carefully the information you share through the Service and that you give to other users of the Service. You assume all risks associated with dealing with other users with whom you come in contact through the Service.

Our Right to Terminate Users

Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms of Use, or any applicable law or regulation.

Third Party Sites

The Service may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms of Use do not apply to Third Party Sites.  Before visiting a Third Party Site through links or other means provided on or through the Service, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third Party Sites. 

Disclaimer of Warranties

(i) To the extent permitted by applicable law, all material or items provided through the Service are provided “as is” and “as available,” without warranty or conditions of any kind.  By operating the Service, we do not represent or imply that we endorse any person, materials or items available on or linked to by the Service, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful.  This includes the members of our community in the Galleria. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms of Use. You agree that your use of the Service will be at your sole risk.  To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Service and your use thereof.

(ii) To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service.  We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.

Limited Liability

To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Service, materials or any other content therein. Notwithstanding anything to the contrary contained in these Terms of Use, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Use, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $50.

Exceptions to Disclaimers and Liability Limitations.  Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages.  If you reside in one of these states or jurisdictions, the limitation or exclusions in Sections 9(A) and 9(B) may not apply to you.

Indemnity

You hereby agree, at your expense, to indemnify, defend and hold harmless, Art of Preneur, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against Art of Preneur arising out of your use of the Service. You will not be required to indemnify and hold Art of Preneur harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Art of Preneur’ own negligent conduct.

Entire Agreement

These Terms of Use constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

Contact Information

If you have any questions about the Service or these Terms of Use, you can contact Art of Preneur by email at hello@artofpreneur.com.

Data: Any information you submit is subject to Art of Preneur’s privacy policy located at https://www.artofpreneur.com/privacy-policy.

Mignon Media International, LLC:  Art of Preneur, 3219 E. Camelback Rd. #208, Phoenix, AZ 85018.


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